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Loopholes in Alabama’s DUI Law

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By Kesshia Peyton Anchor/Reporter

M30o93H7pQ09L8X1t49cHY01Z5j4TT91fGfr Loopholes in Alabama’s DUI Law

Published: Thu, November 15, 2007 - 10:37 pm
Last Updated: Thu, November 15, 2007 - 10:44 pm

Kesshia Peyton

Loopholes News Five found in Alabama law means driving under the influence (DUI) cases can drag on for year and not just pending cases. The law is so confusing and complicated, people convicted in multiple DUI cases may never spend a day in jail.
Mobile Defense James Byrd said he knows first hand because he defends repeat offenders and has worked the "system" to keep his clients out of jail.
"I have a young man who had three DUI's pending at the same time. I got all three DUI's dismissed because they were all his first DUI's,
That's how a defense lawyer times things, file things, makes a motion, makes objections and appeals things and that's how the system works," said defense attorney James Byrd.
He and other attorneys say it's not their fault, blame it on the poorly written Alabama DUI Law.
"Alabama's law is such a hodge podge. Its been added and subtracted in the Legislature in different sessions without looking at the overall picture," said Byrd.
An example of one of the loopholes: The "Look Back" period is a five-year limit on how far back prosecutors can go to bring up past d-u-i convictions at sentencing.
If a person had a fourth DUI conviction on record, it wouldn't count as a felony if the third DUI conviction happened five years before.
To take a look at Alabama's DUI law, click on the link on the right side of this page.

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